General Thoughts on Georgia shooting?

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mysticmac

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No we know that. He wasn't committing felonious trespassing, we know running isn't a felony, we know he didn't steal anything.
You don't know he didn't commit burglary under Georgia law. He doesn't have to have stolen anything, so you don't know whether or not he committed a felony. You don't have all of the information, so it is up to the lawyers to prove or disprove it.
 

ThatOneDude

Commander in @Chief, Dick Army
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Jan 14, 2015
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You don't know he didn't commit burglary under Georgia law. He doesn't have to have stolen anything, so you don't know whether or not he committed a felony. You don't have all of the information, so it is up to the lawyers to prove or disprove it.
The homeowner said he did not steal anything.
If the homeowner said that, then there's no charges to file for a crime that didn't get commited.

But yes, it is for the scum, I mean lawyers to argue.
 
T

The Big Guy

Guest
No we know that. He wasn't committing felonious trespassing, we know running isn't a felony, we know he didn't steal anything.
Do you have Proof that baby jesus didnt steal anything? The fishing gear? The handgun? Proof?
 

ThatOneDude

Commander in @Chief, Dick Army
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Do you have Proof that baby jesus didnt steal anything? The fishing gear? The handgun? Proof?
Which Jesus, there's a lot of them out there.
Was the fishing gear stolen from the house being built or a different house?
The handgun was definitely stolen, from a couple of morons, but do we know who stole it?
 
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The Big Guy

Guest
The homeowner said he did not steal anything.
If the homeowner said that, then there's no charges to file for a crime that didn't get commited.

But yes, it is for the scum, I mean lawyers to argue.
Unoccupied burglary of a dwelling. All they have to do is prove intent to steal. Repeatedly entering and being a convicted thief. Sounds like his intent was not write code violations but rather supplement his welfare

(b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another.
 

ThatOneDude

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Unoccupied burglary of a dwelling. All they have to do is prove intent to steal. Repeatedly entering and being a convicted thief. Sounds like his intent was not write code violations but rather supplement his welfare

(b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another.
Repeatedly doing something tons of people do on a regular basis does not show intent to steal.
Was he convicted in the past?
Was he on welfare?


In Georgia classes "entering a dwelling without permission" as trespassing.

Georgia law states trespassing is:
(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.

(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:

(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose; He didn't steal anything so that's going to be hard to prove.

(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or At this point we don't know if this happened, but we do know there were no signs posted.

(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
We know this did not happen

(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor's parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor's parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.

(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor. Criminal trespass is not a felony in Georgia, meaning they can't citizens arrest him for criminal trespass

(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.
 
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The Big Guy

Guest
Repeatedly doing something tons of people do on a regular basis does not show intent to steel.
Was he convicted in the past?
Was he on welfare?


In Georgia classes "entering a dwelling without permission" as trespassing.

Georgia law states trespassing is:
Justice has already been served. I'm gonna send a thank you letter to the mcmichaels
 

Filthy

Iowa Wrestling Champion
Jun 28, 2016
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Agree. He shouldn't have went back to that house 4 time and he would be alive. Or shouldnt have attacked people he knew where trying to hold him for police. Or just got a damn job
they didn't say they were arresting him, according to testimony they yelled at him that they 'just wanted to talk'.

the citizen's arrest angle is something the former employer at the DA office came up with because they had no self-defense claim.
 
T

The Big Guy

Guest
they didn't say they were arresting him, according to testimony they yelled at him that they 'just wanted to talk.

the citizen's arrest angle is something the former employer at the DA office came up with because they had no self-defense claim.
It's 100% legal to talk to someone holding a gun

Go worry about european women getting raped and fix that crisis.
 

Filthy

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It's 100% legal to talk to someone holding a gun

Go worry about european women getting raped and fix that crisis.
but chasing someone down in your truck for 6 minutes is refusing to acknowledge that they don't want to talk to you.
 

mysticmac

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LOL, so if they were just trying to talk to him, he doesn't need to have committed a felony. If that's the case, they went to talk to him, and he assaulted them causing the shotgun to go off. The self defense claim would be the guy was trying to steal his gun and probably use it to cause great bodily harm or death.

And it wasn't the DA that the father worked for that wrote that. It was the second DA that wrote that in his memo. He recused himself from the case because his son works at the first DA's office which is where the father involved, Gregory, worked when he was an investigator for the DA. The two of them never worked there at the same time though.
 
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Filthy

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Jun 28, 2016
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LOL, so if they were just trying to talk to him, he doesn't need to have committed a felony. If that's the case, they went to talk to him, and he assaulted them causing the shotgun to go off. The self defense claim would be the guy was trying to steal his gun and probably use it to cause great bodily harm or death.

And it wasn't the DA that the father worked for that wrote that. It was the second DA that wrote that in his memo. He recused himself from the case because his son works at the first DA's office which is where the father involved, George, worked when he was an investigator for the DA. The two of them never worked there at the same time though.
so it was the DA who hired the son of the DA that the dad worked for...clearly an unbiased analysis of the situation. I mean, except that no felony was documented. That makes what the McMichaels' family did Unlawful Detainment. Death that the results from the commission of a felony is Murder.

so I guess the Justice System corrected itself.
 

ThatOneDude

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LOL, so if they were just trying to talk to him, he doesn't need to have committed a felony. If that's the case, they went to talk to him, and he assaulted them causing the shotgun to go off. The self defense claim would be the guy was trying to steal his gun and probably use it to cause great bodily harm or death.

And it wasn't the DA that the father worked for that wrote that. It was the second DA that wrote that in his memo. He recused himself from the case because his son works at the first DA's office which is where the father involved, George, worked when he was an investigator for the DA. The two of them never worked there at the same time though.
 

ThatOneDude

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That's legal too. If arbery didnt like he could have called the police and filed a police report and got a restraining order.
He didn't have time, he was being chased by redneck batman and robin, in their truck, with guns.....
 
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The Big Guy

Guest
so it was the DA who hired the son of the DA that the dad worked for...clearly an unbiased analysis of the situation. I mean, except that no felony was documented. That makes what the McMichaels' family did Unlawful Detainment. Death that the results from the commission of a felony is Murder.

so I guess the Justice System corrected itself.
He was never detained. He ran, attacked, pewpewpew
 

mysticmac

First 1025
Oct 18, 2015
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so it was the DA who hired the son of the DA that the dad worked for...clearly an unbiased analysis of the situation. I mean, except that no felony was documented. That makes what the McMichaels' family did Unlawful Detainment. Death that the results from the commission of a felony is Murder.

so I guess the Justice System corrected itself.
No, it was the DA whose son works for the DA that Gregory worked for.

And they didn't detain anyone. The guy ran up to them, there was a physical altercation over a shotgun, the gun went off, and one of them died.
 
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